Narrative Opinion Summary
An order was issued on September 21, 2015, by the Fourteenth Court of Appeals regarding case number 14-15-00629-CV, involving Haven Chapel United Methodist Church as the appellant and William Michael Leebron II, et al. as appellees. The order notes that the clerk’s record was filed on September 15, 2015, but identified a relevant omission: the notice of appeal was missing from the record. The court directed the Brazoria County District Clerk to file a supplemental clerk’s record by October 19, 2015, to include the notice of appeal. If the notice is not part of the case file, the district clerk must provide a certified statement indicating its absence. The decision was rendered per curiam.
Legal Issues Addressed
Certification of Absence of Notice of Appealsubscribe to see similar legal issues
Application: If the notice of appeal does not exist in the case file, the district clerk is required to certify its absence.
Reasoning: If the notice is not part of the case file, the district clerk must provide a certified statement indicating its absence.
Court's Authority to Direct Supplemental Record Filingsubscribe to see similar legal issues
Application: The court exercised its authority to instruct the district clerk to file a supplemental record to rectify the omission in the original clerk’s record.
Reasoning: The court directed the Brazoria County District Clerk to file a supplemental clerk’s record by October 19, 2015, to include the notice of appeal.
Requirement for Notice of Appeal in the Recordsubscribe to see similar legal issues
Application: The court required the notice of appeal to be included in the clerk's record for the appeal to proceed properly.
Reasoning: The order notes that the clerk’s record was filed on September 15, 2015, but identified a relevant omission: the notice of appeal was missing from the record.